Published — May 3, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading this article about CYBERCRIME PREVENTION ACT, read also: GENDER-BASED ONLINE SEXUAL HARASSMENT
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Cybersecurity refers to risk management approaches that can be used to protect the cyber environment
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Service providers have the duty to preserve the integrity of traffic data
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Traffic data refers to any computer data other than the content of the communication
The Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act of 2012” is a law that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the internet in the Philippines. The law is violated when a computer is improperly used.
What is a computer?
The law says:
It refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.
Also, it is important to know that computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.
With the implementation of the Cybercrime Prevention Act, there is also the term “Cybersecurity”.
The law says:
Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets. To further implement the mandate of the law, service providers are required to cooperate and assist law enforcement authorities in the collection or recording of data. Service provider refers to any public or private entity that provides to users of its service the ability to communicate by means of a computer system and that processes or stores computer data on behalf of such communication service users of such service.
Under the Cybercrime Prevention Act, the service provider has the duty to preserve the integrity of the subscriber’s information relating to communication services and traffic data which refers to any computer data other than the content of the communication such as the communication’s origin, destination, route, time, date, size of underlying service. The duty to preserve is for a period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. Nevertheless, the law enforcement authorities may order a one-time extension for another six (6) months.
What are the acts punishable under the Cybercrime Prevention Act? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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